NALA Certified Paralegal Practice Exam

The distinction between an intentional tort and negligence lies fundamentally in the nature of the actions involved. An intentional tort is characterized by a purposeful act carried out by an individual with the intent to cause a particular outcome, whether it be harm to another person or interference with their rights. This intent can manifest in various forms, such as battery, assault, false imprisonment, or defamation, where the perpetrator consciously decides to engage in conduct that causes harm.

On the other hand, negligence is based on a failure to exercise reasonable care that results in unintentional harm to another person. Here, the focus is on the carelessness or lack of due diligence rather than any intent to inflict harm.

This distinction is crucial in understanding the legal responsibilities and consequences associated with each type of tort. While intentional torts may lead to compensatory damages for the injured party, they first require the demonstration of intent, which is a key element that separates them from cases of negligence, where harm occurs without deliberate wrongdoing.

The incorrect options highlight various misconceptions about intentional torts; they are not inherently criminal, do not guarantee financial compensation, and always involve injury to others in some form, countering the fundamentals of tort law.